The Toronto Community Council recommends adoption of the following motion from Councillor Rae:

WHEREAS the Public Kitchen Restaurant at 203 Dundas Street East has been a centre of illegal activities and neighbourhood disruption in the East Downtown and has contributed to problems in the neighbourhood; and

WHEREAS local residents, businesses, police and the Ward Councillor's office had significant and ongoing concerns with respect to drug dealing, violence and weapons inside and outside of the premises when they were previously licensed; and

WHEREAS the Council of the former City of Toronto, at its meeting of August 27, 1997 therefore adopted a resolution advising the Liquor Licence Board of its concerns and requesting the revocation of the liquor licence; and

WHEREAS the operator of the premises surrendered the liquor licence on February 25, 1998, prior to a revocation hearing scheduled for June 1, 1998; and

WHEREAS the owner of the premises, despite being advised of the concerns held by local residents, has now applied for a new liquor licence under the name "Oriental Kitchen Restaurant"; and

WHEREAS the owner of the premises has been irresponsible in the management of this property and negligent in his duties as a landlord; and

WHEREAS the Liquor Licence Act provides that a member of the Alcohol and Gaming Commission of Ontario may direct that a notice of proposal be issued to reject an application for any ground under subsection 6(2) of the Act that would disentitle an applicant to a licence; and

WHEREAS subsection 6(2) (h) of the Act provides that an applicant is entitled to be issued a licence to sell liquor except if the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located; and

WHEREAS section 7.1 of Regulation 719 under the Liquor Licence Act states that, in the absence of receiving submissions to the contrary, the Board shall consider a resolution of the council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2)(h) of the Act;

NOW THEREFORE BE IT RESOLVED THAT:

(1) City Council advise the Alcohol and Gaming Commission of Ontario that the liquor licence application for the Oriental Kitchen Restaurant (previously known as the Public Kitchen) at 203 Dundas Street East is not in the public interest having regard to the needs and wishes of the residents of the municipality, and request the issuance of a notice of proposal by the Alcohol and Gaming Commission of Ontario to review the application; and

(2) the City Solicitor, in the event a hearing is scheduled with respect to this matter, be authorized to attend on behalf of the City to object to the issuance of the licence.